What the panel ordered
Petition for Reconsideration dismissed as premature; matter remanded to the trial level for further proceedings consistent with the opinion.
Defendant filed a Petition for Reconsideration of the Joint Order Approving Compromise and Release (OACR) issued by the WCJ on October 16, 2025, alleging mutual mistake of fact; WCJ issued a Report recommending dismissal of the Petition and remand for further proceedings; the Appeals Board considered the Petition and WCJ Report and dismissed the Petition as premature and remanded the matter to the trial level for further proceedings.
What was disputed, and how it came out
Each issue the panel decided, with the reasoning it gave. An outcome is what this panel did on this record — not a rule, and not a prediction.
The Petition for Reconsideration was dismissed as premature because there was no developed record to evaluate the merits of the claim of mutual mistake of fact, and the matter was remanded for further proceedings to develop the record and address whether good cause exists to set aside the OACR.
From the decision · page 6In the Report, the WCJ explains as follows: Respectfully, defendant's Petition for Reconsideration is premature. Defendants should have filed a Petition to Set Aside the Compromise and Release. At this time there is no record indicating that there was a mutual mistake of fact and the undersigned believes that this matter should be returned to the Judge and the case set for hearing to address if there is good cause to set aside the Compromise and Release. The merits of defendant's arguments cannot be addressed without a record being developed.